Compilation of the Social Security Laws

Indian Tribal Judgment Funds Use or
Distribution Act

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

[25 U.S.C.
1401](a) That, notwithstanding any other law, all use or
distribution of funds appropriated in satisfaction of a judgment of the
Indian Claims Commission or the United States Claims
Court[139] in favor of any Indian tribe, band,
group, pueblo, or community (hereinafter referred to as “Indian
tribe”), together with any investment income earned thereon, after
payment of attorney fees and litigation expenses, shall be made pursuant to
the provisions of this Act.

(b) Except as provided in the Act of September 22, 1961
(75 Stat. 584), amounts which the Secretary of the Interior has remaining
after execution of either a plan under this Act, or another Act enacted
heretofore or hereafter providing for the use or distribution of amounts
awarded in satisfaction of a judgment in favor of an Indian tribe or
tribes, together with any investment income earned thereon and after
payment of attorney fees and litigation expenses, shall be held in trust by
the Secretary for the tribe or tribes involved if the plan or Act does not
otherwise provide for the use of such amounts.

(c) This Act may be cited as the “Indian Tribal
Judgment Funds Use or Distribution Act”.

(1) are distributed per capita or
held in trust pursuant to a plan approved under the provisions of this Act,
or

(2) on the date of
enactment of this Act, are to be distributed per capita or are held in
trust pursuant to a plan approved by the Congress prior to the date of
enactment of this Act,

(3) were distributed
pursuant to a plan approved by Congress after December 31, 1981 but prior
to the date of enactment of this Act, and any purchases made with such
funds, or

(4) are
paid by the State of Minnesota to the Bois Forte Band of Chippewa Indians
pursuant to the agreements of such Band to voluntarily restrict tribal
rights to hunt and fish in territory cede under the Treaty of September 30,
1854 (10 Stat. 1109), including all interest accrued on such funds during
any period in which such funds are held in a minor’s trust,

including all interest and investment income accrued
thereon while such funds are so held in trust, shall be subject to Federal
or State income taxes, nor shall such funds nor their availability be
considered as income or resources nor otherwise utilized as the basis for
denying or reducing the financial assistance or other benefits to which
such household or member would otherwise be entitled under the Social
Security Act or, except for per capita shares in excess of $2,000, any
Federal or federally assisted program.

Sec. 8.[25 U.S.C.
1408] Interests of individual Indians in trust or
restricted lands shall not be considered a resource, and up to $2,000 per
year of income received by individual Indians that is derived from such
interests shall not be considered income, in determining eligibility for
assistance under the Social Security Act or any other Federal or federally
assisted program.

* * * * * * *

[Internal References.—SSAct §§2(a), 1002(a), 1402(a),
1602(a)(State) 1612(b) and 1613(a) have footnotes referring to Appendix K
(this Volume) which provides a list of Federal law provisions, including
P.L. 93-134, §§7 and 8, relating to income and resources. P.L.
98-64, §2(a), (this volume) cites the Act of October 19,
1973.]

[139]
P.L. 102-572, §902(b)(1), provides that a
reference to the “United States Claims Court” shall be deemed
a reference to the “United States Court of Federal
Claims”.

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